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45 CFR Sec. 46.203
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Title 45
SUBTITLE A
PART 46
Subpart B
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Sec. 46.203 Definitions.
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As used in this subpart:
(a) 'Secretary' means the Secretary of Health and Human Services
and any other officer or employee of the Department of Health and
Human Services to whom authority has been delegated.
(b) 'Pregnancy' encompasses the period of time from confirmation
of implantation (through any of the presumptive signs of pregnancy,
such as missed menses, or by a medically acceptable pregnancy
test), until expulsion or extraction of the fetus.
(c) 'Fetus' means the product of conception from the time of
implantation (as evidenced by any of the presumptive signs of
pregnancy, such as missed menses, or a medically acceptable
pregnancy test), until a determination is made, following expulsion
or extraction of the fetus, that it is viable.
(d) 'Viable' as it pertains to the fetus means being able, after
either spontaneous or induced delivery, to survive (given the
benefit of available medical therapy) to the point of independently
maintaining heart beat and respiration. The Secretary may from
time to time, taking into account medical advances, publish in the
Federal Register guidelines to assist in determining whether a
fetus is viable for purposes of this subpart. If a fetus is viable
after delivery, it is a premature infant.
(e) 'Nonviable fetus' means a fetus ex utero which, although
living, is not viable.
(f) 'Dead fetus' means a fetus ex utero which exhibits neither
heartbeat, spontaneous respiratory activity, spontaneous movement
of voluntary muscles, nor pulsation of the umbilical cord (if still
attached).
(g) 'In vitro fertilization' means any fertilization of human ova
which occurs outside the body of a female, either through admixture
of donor human sperm and ova or by any other means.
(40 FR 33528, Aug. 8, 1975, as amended at 43 FR 1759, Jan. 11,
1978)